01-10-11 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 10, 2011 Kathy Cekanski-Farrand stated that is just one aspect of the bill, there are multiple purposes of the bill, one being the safety net, one is to clarify that it is both the owner as well as the occupant of the property responsible for removing the snow whether it's commercial or residential, again there are many aspects of it. Again, they are trying to learn from other communities that have far more snowfall than the City of South Bend and learn from their experience to try to make it better for the City of South Bend from a public safety aspect. Councilmember Oliver Davis asked if in the other cities that this bill is model from have they been challenged and has the City be upheld? Kathy Cekanski-Farrand advised that she is unaware of any legal challenges, but the key was enforcement and implementation. She stated that there is a forty-five page publication that she would be happy to give to Councilmember Oliver Davis from the City of Boston and a multi-page document from the City of Madison, but they go through it each year to see how they can improve and they both stated that unless it is a joint effort of getting out public service announcements, voluntary cooperation from the citizens, using citations as a back up as a lever in the event that could not go forward and again as Ms. Toppel has identified in those situations that are true emergencies where people are trying to walk there that the city has the responsibility to go and remove it and tag them for the cost. Those are the three aspects to get any results. Councilmember Oliver Davis asked if this is specific to snow or ice. Kathy Cekanski-Farrand stated that it is both snow and ice. The following individual spoke in favor of the bill: Mr. Mike Coman, 508 E. South Street, South Bend, Indiana, stated that in the past twelve (12) hours he has shoveled and blown snow for at least three (3) city blocks only to have the City of South Bend Street Department plow the driveways and sidewalks shut again. He urged the Street Department to be more careful when plowing. The following individual spoke in opposition to the bill: Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, spoke in opposition to this bill. She stated that the City fines its residents to death. The city is the main culprit of piling snow back onto the sidewalks and blocking resident's driveways. She noted that the area around Century Center is a prime example of businesses clearing the sidewalks and driveways only to have the Street Department come and plow them shut again. Ms. Kopala advised that the City of South Bend needs to clean up their act first. In Rebuttal, Kathy Cekanski-Farrand advised that it is important to note that they studied other surrounding communities with regard to fines. She noted that the City of South Bend would have the smallest fine if there is a citation that is issued. She stated that the City of Elkhart charges $25.00; Goshen $25.00 and she spoke to someone on the City Clerk's Office in Mishawaka and their average fine is $50.00. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kirsits made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember LaFountain seconded the motion which carried by a voice vote of five (5) ayes (Puzzello, LaFountain, Kirsits, White, Dieter) and four (4) nays (Henry Davis, Jr., Varner, Oliver Davis, Rouse) 10